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UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


LAW  UBRARY 


^scoNSiN   Free  Library  Commission 
kgislative'  Reference   Departmeai 
l^^'omparative  legislation  bulletin 
No  4 


EXEMPTION   OF  WAGES 


MARGARET  A.  SCHAFFNER 


MADISON  WISCONSIN 
March  1906 


In  the  regular  session  of  the  Wisconsin  Jegisla 
ture  in  1905,  many  bills  were  introduced  relating  ! 
jrarnislujiejit  and  exemptions.     Assembly  bill' No    4- 
passed  both  houses  and  was  vetoed  by  the  Goveintr 
(see  ^issembly  Journal,  1905,  p.  13 J6).    Bill  of  \\\\< 
nature  will    be   introduced    in   the   next   sessioTi    <  i 
the   legislature.      This    buUeten    gives 
densed  form  the  laws  of  different  state>  .mu  (."i,. 
tries  relating  to  exemption  of  wages.     It  was  hope' 
lo  include  other  exemptions  but  the  task 
L;rcat  for  the  present. 

The     data     included,   in     this   •bulletin 
difficult  to  obtain  during  the  rush  of  the  legislati\  < 
session.     It  is  hoped  that  it  \\-in  aid  n-rateriallv   '■' 
the  preparation  of  bills. 

CiiAKivES  McCarthy 
Librarian,  Lc^^islcitivc  Reference  Department 


EXEMPTION  OF  WAGES 


MARGARET  A.  SCHAFFNER 


Comparative  Legislation  Bulletin  — No  4  — March  1906 

Compiled  with  the  co-operation  of  the  Political  Science  De- 
partment of  the  University  of  Wisconsin 


Wisconsin   Fske   Library   Commission 

Legislative  Reference  Dep't 

Madison  Wis 

1906 

i 


CONTENTS 


PAGE 

REFERENCES    3 

NATURE  OF  THE  RIGHT 5 

Definition   5 

Kinds  of  exemptions 5 

Liabilities  enforceable  against  exemption  rights. .  7 

Waiver 7 

LAWS  AND  JUDICIAL  DECISIONS 9 

Foreign  countries  10 

United  States 14 


CONSTRUCTION   38 


REFERENCES 


American  State  Reports.  Exemption  of  wages,  salaries, 
and  earnings.  San  Francisco,  1905  (In  vol.  102,  p. 
81-103) 

Reviews  and  classifies  leading  American  decisions  nndei 
the  following  headings :  exemption  as  dependent  upon  tlae 
nature  of  employment,  the  character  of  compensation,  the 
.  classes  cf  persons  entitled,  the  i.se  of  the  fnnd,  the  reserva- 
tion of  a  specified  amount,  and  the  period  during  wh'.ch 
amount  was  earned.  Also  considers  the  phraseology  and 
the  construction  of  exemption  S'tatutes. 

Cyclopedia  of  law  and  procedure.     New  York,  1901-1906. 

See  title  Excmpt'n^n-s  for  a  brief  summary  of  the  legal 
doctrine  relating  to  exemption  of  earnings,  wages,  and  sal- 
aries. 

Elster,  Ludwig.  Worterbuch  der  Volicswirtschaft.  2  vols. 
Jena,  1898. 

See  title  Arheitcrscliutzycsetzychung ,  subtitle  Bcstimmuny- 
cn  iiber  Lohnzahlunf/  •  discusses  foreign  legislation  on  exemp- 
tion of  wages. 

France — Travail,  Office  du  (Ministers  du  Commerce)  Saisie- 
arret  sur  les  salaires.     Paris,  1899. 

Gives  results  of  an  inquiry  by  tlie  bureau  of  labor  of  the 
French  minisitry  of  commerce  in  response  to  a  request  from 
a  senatorial  committee  charged  with  the  examination  of 
proposed  changes  in  tlie  law  relating  to  the  attachment  of 
wages  of  working  i)eople,   cierljs,  etc. 

Hubbell,  J.  H.     Legal  directory.     New  York,  1905. 

Includes  a  synopsis  of  laws  relating  to  exemption  of 
wages  in  the  United  States,  Canada,  and  Mexico. 


4  REFERENCES 

Pic,  Paul.  Traits  616mentalre  de  legislation  industrielle. 
Les  lois  ouvrieres.     Paris,  1903. 

Treats  briefly  exemption  of  wages  from  attachment,  gar- 
nishment, or  other  mesne  process  in  foreign  countries,  p. 
712-27. 

Rood,  John  R.  Treatise  on  the  law  of  attachments,  gar- 
nishments, judgments,  and  executions.  Ann  Arbor, 
1901. 

Contains  a   collection  of  leading  cases  with  notes. 

U.  S.  Labor,  Department  of.  Foreign  statistical  publica- 
tions— France.  Bulletin,  March,  1901,  no.  33,  p.  336- 
40. 

A  brief  review  of  conditions  regarding  wage  exemptions 
and  attachments   in   F^rance. 


NATURE  OF  THE  RIGHT 


Definition 

The  general  idea  of  exemption  rights  for  debtors 
is  set  forth  in  the  following  definition :  "An  exemp- 
tion is  a  privilege  or  immunity  allowed  by  law  to  a 
judgment  debtor  by  which  he,  may  hold  property  to 
a  certain  amount  or  certain  classes  of  property  free 
from  all  liability  to  levy  and  sale  on  execution,  at- 
tachment, or  other  process  issued  in  pursuance  of 
and  for  the  satisfaction  of  a  money  judgment."^ 

Kinds  of  exemptions 

Exemptions  for  debtors  may  be  grouped  accord- 
ing to  the  classes  of  property  under  homestead  and 
personal  property  exemptions.  From  the  view 
point  of  the  solvency  of  the  debtor,  those  exemp- 
tions which  are  permitted  by  the  law  in  cases  of 
bankruptcy  are  also  to  be  considered. 

Homestead  exemptions.  Constitutional  and  statu- 
tory provisions  are  found  in  most  of  our  states 
exempting  homesteads  from  execution.  These 
exemptions  vary  both  in  amount  and  value,  country 


»  See  18  Cj'c.  Law  and  Proc.  1374. 


6  EXEMPTION  OF  WAGES 

homesteads  varying  within  Hmits  of  from  forty  to 
one  hundred  and  sixty  acres  and  ranging  from  a 
hundred  to  five  thousand  dollars  and  upwards  in 
value.  City  homesteads  of  equivalent  values  are 
similarly  provided.  Certain  states  place  no  limita- 
tion in  value  upon  homestead  exemptions. 

Personal  property  exemptions.  Among  the  classes 
of  personal  property  commonly  exempt  may  be 
enumerated :  means  for  getting  a  living,  including 
the  libraries  and  instruments  of  professional  men, 
farming  utensils  and  means  of  reproduction,  work 
animals,  live  stock,  vehicles,  equipment,  tools  and 
implements  of  trade,  apparatus,  and  stock  in  trade ; 
articles  furnishing  means  of  support  or  comfort, 
such  as  food,  provisions,  and  supplies,  wearing  ap- 
parel, household  furniture  and  goods;  life  insurance 
money;  pension  and  bounty  money  and  property 
purchased  therewith;  proceeds  of  exempt  property; 
choses  in  action ;  property  or  money  in  lieu  of  spe- 
cific exemption ;  and  salary,^  wages,  or  earnings. 

Exemptions  in  bankruptcy.  The  debtor  who  se- 
cures discharge  from  further  liability  in  case  of 
bankruptcy  besides  being  entitled  to  the  usual  home- 
stead and  personal  property  exemptions  provided 


'  Salaries  of  public  officers  are  generally  exempt ;  the  grounds 
for  this  exemption  are:  1.  tbat  the  state  or  municipality  is  not 
subject  to  garnishment,  2.  that  public  policy  demands  s'uch  exemp- 
tion, 3.  that  the  exemption  of  salary)  is  within  the  statutory  pro- 
vision. Compare  54  L.  R.  A.  566.  For  recent  legislation,  however, 
see  111.  Laws,  1905,  p.  285 ;  N.  Y.  Laws,  1905,  c.  175 ;  N.  D.  Laws, 
1905,  c.  69 ;  and  Ut.  Laws,  1905,  c.  96. 


EXEMPTION  OF  WAGES  7 

in  the  several  states  ^  secures  the  additional  advan- 
tage of  reserving  his  future  earnings  intact  against 
execution  for  past  debts. 

Exemption  of  wages.  The  enumeration  of  the  vari- 
ous classes  of  exemptions  evidences  the  fact  that  the 
exemption  of  w^ages  from  execution,  attachment, 
garnishment,  or  other  mesne  process  forms  but  one 
part  of  the  general  subject  of  exemptions. 

Liabilities  enforceable  against  exemption  rights 

Among  the  more  common  liabilities  enforceable 
against  exempt  property  are :  pre-existing  liabil- 
ities,- debts  not  founded  in  contract,^  purchase 
price,*  debts  for  necessaries,^  including  board  and 
lodging,^'  debts  for  wages  and  material,'^  and  debts 
due  the  government.^ 

Waiver 

In  certain  jurisdictions  it  is  held  that  the  exemp- 
tion right  may  be  claimed  or  waived  at  will;^  in 


'  Bankruptcy  Act,  July  1.  1898,  as  amended  by  Act,  Feb.  5,  1903. 
(U.  S.  Comp.  St.  1901,  p.  3418,  and  U.  S.  Comp.  St.  Supp.  1903, 
p.   410) 

=  See  Brown  v.  Reiser.  1890.  8  Pa.  Co.  C.  416 ;  and  Finns  V. 
Banker,  1888,  5  Pa.  Co.  C.   311. 

3  See  18  Cyc.  Law  and  Proc.  1387. 

*  See  In  re  Tobias.  1900,  103  Fed.  68. 

=>  See  Lenhoff  v.  Fisher,  1891,  32  Neb.  107. 

"  See  Thomas  v.  Glasgow,  1892,   2  Pa.  Dist.  711. 

'  See  Dickinson  v.  Rahn,  1901,  98  III.  App.  245  ;  contra  Frutchey 
V.  Lutz,  1895,  167  Pa.  St.  337. 

»  See  U.  S.  V.  Howell.  1881,  9  Fed.  074. 

"See  Keybers  v.  MeComber.  1885,  67  Cal.  395;  Moss  v.  Jenkins, 
1896,  146  Ind.  589  ;  Fogg  v.  Littlefield,  1877,  68  Me.  52. 


EXEMPTION  OF  WAGES 


Others  the  debtor  is  not  allowed  to  waive  his  exemp- 
tion in  property  exempt  for  the  use  of  his  family.^ 


•  See  Burke  v.  IMnley.  1893.  50  Kan.  424  ;  Ross  v.  Lister,  1855, 
14  Tex.  409:   Powell  v.   Dally.  18H0.  163   111.  04tJ. 


EXEMPTlOX  OF  WAGES 


LAWS  AND  JUDICIAL  DECISIONS^ 


The  laws  exempting  wages  in  different  countries 
may  be  grouped  into  three  general  classes  i^  1. 
those  providing  for  total  exemption  without  refer- 
ence to  amount  of  wages  earned;  2,  those  granting 
total  exemption  up  to  a  certain  maximum  amount; 
3.  those  providing  for  the  exemption  of  a  propor- 
tionate part  of  wages. 

Grouping  leading  foreign  countries  according  to 
the  main  provisions  of  their  law,  Germany,  England, 
Norway,  and  Brazil  fall  in  the  first  group ;  Hungary, 
Austria,  and  Spain  in  the  second;  and  Belgium, 
France,  Luxemburg,  and  Russia  in  the  third. 

The  majority  of  the  different  laws  in  the  United 
States  belong  to  the  second  and  third  groups ;  while 


^  In  summarizing!  the  main  features  of  the  exemption  of  wages, 
attention  is  centered  largely  on  points  which  relate  to  the  positive 
rights  conferred  rather  than  to  the  remedies  developed  to  make 
those  rights  effective.  But  while  limitations  of  sps.ce  forbid  any 
considerable  reference  to  the  proeessef?  against  which  the  right  of 
exemption  may  be  asserted  or  to  the  proceedings  to  enforce  and  pro- 
tect the  right  it  must  not  be  forgotten  that  the  difference  between 
an  effective  law  and  one  which  secures  but  Indifferent  results  is 
more  frequently  foimd  in  the  remedies  provided  for  maintaining 
the  right  than  in  the  amount  of  the  property  exempt. 

=  See  Pic,  Traits  eifmentaire  de  legislation. .  .p.  712-27:  also 
Elster,   Worterbuch,   title   'ArheiterschutzgesetgeJjung.' 


10  EXEMPTION  OF  WAGES 

a  few  states  1  have  constitutional  or  statutory  re- 
quirements making  exemptions  as  complete  as  the 
foreign  countries  of  the  first  group. 

Foreign  countries - 

Germany.  The  law  of  1869  modified  by  the  law  of 
1897  provides  for  the  total  exemption  of  wages 
without  reference  to  the  amount  earned.^  If  the 
laborer  after  the  execution  of  the  work  or  furnish- 
ing of  services  voluntarily  allows  his  remuneration 
to  remain  unclaimed  after  the  day  on  which  he 
could  claim  pay,  the  wages  or  salary  may  become 
liable  for  debts.  But  with  the  exception  of  this 
voluntary  waiving  of  rights  the  law  specifically 
states  that  wages  and  salaries  are  not  subject  to 
garnishment  or  attachment  proceedings  except  in 
favor  of  the  relatives  of  the  employee  who  under 
the  law  have  a  right  to  support  from  him.  The  law 
further  makes  employers  paying  wages  or  salaries 
to  creditors  of  employees  liable  to  a  fine  limited  to 
150  marks  ($35.70)  or  imprisonment  not  exceeding 
four  weeks.  The  assignment  of  wages  is  also  for- 
bidden. 


>■  See  Tex.  Const.  1876,  art.  16,  sec.  28 ;  also  Ga.  Const.  1877  as 
amended  in  1887  and  Civ.  Code,  1895,  sec.  4732. 

'■'  The  references  to  foreign  money  are  also  given  In  terms  of  our 
own  but  the  amojnt  of  the  exemption  must  be  considered  from  the 
standpoint  of  purchasing  power  In  the  several  countries  in  order 
to  understand  its  real  significance.  A  further  point  to  be  consid- 
ered in  a  comparison  of  the  several  countries  is  the  proportion 
that  the  exemption  bears  to  the  usual  wage  earned  by  able  l)Odied 
artisans  maintaining  a  fair  standard  of  life. 

••'  See  Law  of  June  21,  1869,  and  of  Mar.  29,  1897 ;  also  sec.  148 
of  Gew.  O.  Ziff.  13. 


EXEMPTION  OF  WAGES  11 

Norway.  The  law  of  March  29,  1890,  provides  for 
total  exemption  of  wages  without  reference  to  the 
amount  earned. 

England.  The  Merchant  Shipping  Act,  1854,  17 
and  18  Vict.  c.  104,  ser.  233,  provides  that  seamen's 
wages  due  or  accruing  shall  not  be  subject  to  attach- 
ment or  arrestment  from  any  court. 
-  Under  the  Wages  Attachment  Abolition  Act,  1870, 
33  and  34  Vict.  c.  30,  no  attachment  of  wages  of  any 
servant,  laborer  or  workman  is  permitted. 

The  salary  of  a  secretary  to  a  company  amounting  to  two 
hundred  pounds  ($973.30)  a  year  is  not  "wages"  of  a  "serv- 
ant" within  the  Wages  Attachment  Abolition  Act,  and  is 
therefore  not  exempted  from  attachment  by  that  act.  Gor- 
don V.  Jennings,  1882,  9  Q.  B.  D.  45. 

The  exemption  of  wages  is  less  effective  in  Eng- 
land than  in  several  continental  countries  because 
the  assignment  of  wages  is  permitted.^ 

Australia.  The  states  of  the  Australian  common- 
wealth have  quite  generally  a  maximum  exemption 
of  wages  and  salaries  amounting  to  two  pounds 
($9,733)  a  week.  The  Victoria  act  of  1898,  no. 
1573  and  the  New  South  Wales  act  of  1900,  no.  6, 
are  typical  of  Australian  statutes  for  wage  exemp- 
tions. 

Canada.  The  laws  for  the  exemption  of  wages  in 
Canada  are  somewhat  similar  to  those  of  the  United 
States.     Manitoba,  Rev.  St.  1902,  c.  68,  is  typical  of 


'  See  Supreme  Court  of  Judicature  Act,  1873,  36  and  37  Vict.  c. 
66,  sec.  25,  subd.  6. 


12  EXEMPTION  OF  WAOE8 

those  provinces  which  grant  total  exemption  up  to 
a  certain  maximum  amount,  while  Quebec,  Code 
Civ.  Proc.  1902,  art.  599,  sec.  11,  illustrates  those 
which  exempt  a  proportionate  part  of  the  wages 
earned.^. 

NtTcv  Zealand.  The  Act  of  1895,  no.  22,  exempts 
wages  not  exceeding  two  pounds  ($9,733)  per  week. 
Any  surplus  above  that  sum  is  liable  to  attachment 
but  the  costs  are  not  chargeable  against  the  work- 
man unless  the  creditor  recovers  a  sum  equal  to  or 
greater  than  costs. 

Austria.  The  law  of  Apr.  25,  1873  modified  by  the 
law  of  May  26,  1888,  provides  for  total  exemption  of 
wages,  not  exceeding  eight  hundred  florins  ($385.80) 
a  year,  for  laborers  whose  time  is  fixed  by  law, 
agreement,  or  usage  at  a  year  at  least  and  whose 
employment  ceases  only  upon  three  months  notice. 
Wages  of  other  laborers  are  exempt  up  to  two- 
thirds  of  the  total  amount. 

Hungary.  The  law  of  Civil  Procedure,  June  i, 
1881,  art.  62,  exempts  wages  below  one  florin,  fifty 
kreutzer  ($0,623)  per  day. 

Spain.  The  Civil  Code  provides  for  the  total 
exemption  of  wages  below  twenty-four  reaux  (ap- 
proximately $1,158)  per  d^y. 


'  For  a  summary  of  Canadian    exemption   statutes   see   Hubbell, 
Legal    directory,    190.5.    p.    81(5-54. 


EXEMPTION  OF  WAGES  13 

Szvitserland.  The  Swiss  law  of  Apr.  ii,  1889, 
leaves  the  care  of  fixing  the  proportion  of  wages 
which  may  be  attached  to  the  judicial  authority. 

France.  The  law  of  Jan.  12,  1895,  exempts 
nine-tenths  of  the  wages  of  laborers ;  emoluments 
or  salaries  not  exceeding  2,000  francs  ($386)  are 
similarly  exempt.  The  law  also  permits  an  assign- 
ment not  to  exceed  one-tenth  of  wages.  (The  as- 
signable tenth  is  distinct  from  the  attachable  tenth 
and  must  not  be  confused  with  it.)  Finally  the 
employer  is  also  permitted  to  retain  a  tenth, — dis- 
tinct both  from  the  assignable  and  the  attachable 
tenth, — for  advances  in  cash  made  to  an  employee. 
In  case  of  the  attachments,  assignments  and  re- 
tentions permitted  by  the  law  all  being  enforced 
against  the  laborer,  he  is  still  guaranteed  at  least 
seven-tenths  of  his  wages.  The  procedure  under 
the  French  law  is  so  cumbersome  that  the  cost  of 
proceedings  against  the  one-tenth  attachable  fre- 
quently exceeds  the  amount  of  the  debt.  This 
works  to  the  general  disadvantage  of  debtor,  cred- 
itor, and  employer.^ 

Belgium.  According  to  the  law  of  Apr.  18,  1887, 
four-fifths  of  the  wages  of  laborers  are  exempt. 
The  rule  also  applies  to  salaries  not  exceeding  1200 
francs  ($231.60). 


^  Various  amendments  to  the  French  law  have  been  proposed 
and  certain  modifications  of  tlie  law  are  now  (Feb.  1906)  under 
consideration. 


14  EXEMPTION  OF  WAGES 

Luxemburg.  The  law  of  July  12,  1895,  exempts 
nine-tenths  of  wages  not  exceeding  six  francs 
($1,158)  a  day,  and  four-fifths  of  wages  exceeding 
that  amount. 

Russia.  The  law  of  1886  exempts  one-third  of  the 
wages  of  an  employe  having  a  family  to  support, 
and  one-fourth  the  wages  of  others. 

United  States 

Act  of  Cong.  June  7,  1872  (Comp.  St.  1901,  sec. 
4536)  No  wages  due  or  accruing  to  any  seaman 
or  apprentice  are  subject  to  attachment  or  arrest- 
ment from  any  court.^ 

Alabama.  Const.  1901,  art.  10.  Makes  general 
provision  for  exemptions. 

Code,  1896,  sec.  2038,  as  amended  by  Acts  1898-99, 
no.  734.  Exempts  to  amount  of  $25  per  month 
wages,  salaries,  or  other  compensation  for  personal 
services  of  laborers  or  employees  residents  of  the 
state.  The  fact  of  such  indebtedness  being  dis- 
closed by  answer  of  garnishee,  the  levy  is  void  and 
is  to  be  dismissed  by  the  court  unless  plaintiflf  con- 
tests answer  of  garnishee. 

sec.  2074.  Wages  or  salary  of  deceased  em- 
ploye to  a  sum  not  exceeding  $100  may  be  paid  to 
widow  or  to  person    having  control  of  his    minor 


»  See  The  John  E.  Holbrook,  1874,  (U.  S.  D.  C.)  7  Ben.  356 ; 
Hitchcock  V.  The  St.  Louis,  1891,  (U.  S.  D,  C.)  48  Fed  312;  The 
Queen,  1899,  (U.  S.  D.  C.)  93  Fed.  834. 


EXEMPTION  OF  WAGES  15 

children,  and  the  sum  so  paid  is  exempt  as  part  of 
the  $1,000  in  personality  exempted  to  them. 

sec.  3728.  Set-offs  not  to  defeat  exemption  of 
wages. 

Alaska.  Code  Civ.  Proc.  1900,  sec.  373.  Sixty 
days'  earnings  for  personal  services  are  exempt,  if 
selected  and  reserved  by  the  debtor  at  time  of  levy^ 
if  such  earnings  are  necessary  for  family  support. 

Arizona.  Civ.  Code,  1901,  sees.  388,  2732.  Thirty 
days'  earnings  for  personal  services  exempt  when 
shown  by  debtor's  affidavit  or  otherwise  that  such 
earnings  are  necessary  for  support  of  his  family  re- 
siding in  territory. 

Arkansas.  Const.  1874,  aft.  9.  General  provision 
for  exemptions. 

Dig.  1894,  sec.  3717.  Wages  of  laborers  and  me- 
chanics for  sixty  days  exempt  from  garnishment  or 
other  legal  process  provided  defendant  files  with 
court  issuing  process  a  sworn  statement  that  wages 
claimed  amount  to  less  than  his  constitutional 
exemption  and  that  he  does  not  own  sufficient  other 
personal  property  to  exceed  amount  exempted  by 
the  constitution. 

California.  Const.  1880,  art.  17,  sec.  i.  Provides 
for  exemption  laws  in  favor  of  heads  of  families. 

Code  Civ.  Proc.  1903,  sec.  690,  subd.  9,  10.  Sea- 
men's and  seagoing  fishermen's  wages  and  earnings 
not  exceeding  $300  are  exempt.     Thirty  days'  earn- 


16  EXEMPTION  OF  WAGES 

ings  for  personal  services  are  exempt  when  neces- 
sary for  use  of  debtor's  family  residing  in  the  state 
and  supported  in  whole  or  in  part  by  his  labor;  but 
where  debts  are  incurred  for  common  necessaries 
of  life  or  have  been  incurred  when  debtor  had  no 
family  residing  in  the  state  one-half  of  such  earn- 
ings are  subject  to  execution,  garnishment  or  at- 
tachment to  satisfy  debts  so  incurred. 

Colorado.  Const.  1876,  art.  18,  sec.  i.  "The  gen- 
eral assembly  shall  pass  liberal  .  .  .  exemption 
laws." 

Anno.  St.  1891,  sec.  2567,  as  amended  by  Acts, 
1894,  c.  5  and  Acts,  1903,  c.  132.  Sixty  per  cent  of 
wages  or  earnings  exempt  from  levy  under  execu- 
tion, attachment,  or  garnishment  provided  debtor 
be  the  head  of  a  family  or  the  wife  of  the  head  of  a 
family  residing  in  the  state  and  dependent  in  whole 
or  in  part  upon  such  earnings  for  support.  The 
entire  sum  exempt  when  wages  do  not  exceed  $5 
per  week. 

Connecticut.  Gen.  St.  1902,  sees.  774,  777.  No 
costs  are  to  be  taxed  in  favor  of  plaintiff  unless  he 
has  made  prior  demand  upon  defendant  for  debt. 
Plaintiff  not  to  recover  costs  exceeding  one-half  of 
amount  of  damages  recovered. 

sec.  836.  No  assignment  of  future  earnings  is 
valid  against  an  attaching  creditor  unless  made  to 
secure  a  bona  fide  debt  due  at  date  of  such  assign- 
ment. 


EXEMPTION  OF  WAGES  17 

Laws,  1903,  c.  95,  as  amended  by  Laws,  1905,  c. 
195.  The  sum  of  $25  accrued  by  reason  of  personal 
services  including  wages  due  for  personal  services 
of  any  minor  child  is  exempt  from  foreign  attach- 
ment or  execution,  but  no  exemption  for  any  debt 
incurred  for  personal  board. 

Delaware.  Rev.  Code,  1893,  c.  iii,  sec.  i.  Fifty 
per  cent  of  wages  for  labor  or  service  of  any  person 
and  all  wages  of  women  and  minors  are  exempt 
from  execution. 

c.  Ill  as  amended  by  Acts,  1901,  c.  209  (Applies 
only  to  New  Castle  Co.)  Ninety  per  cent  of  wages 
for  labor  or  service  of  any  person  residing  within 
New  Castle  county  is  exempt  from  attachment  and 
execution  except  for  debts  for  board  or  lodging. 
Amount  exempt  not  to  exceed  $50.  The  ten  per 
cent  is  liable  for  necessaries  only.  Only  one  at- 
tachment may  be  made.  The  total  liability  of  the 
debtor  for  costs  under  any  attachment  is  not  to  ex- 
ceed ninety  cents  provided,  however,  that  costs  are 
to  be  paid  out  of  the  whole  amount  of  wages. 

District  of  Columbia.  Code,  1901,  amended,  1902, 
sec.  1107.  Earnings  are  exempt  from  execution  to 
the  amount  of  $100  each  month  for  all  actual  resi- 
dents who  have  provided  for  the  support  of  a  fam- 
ily in  the  district  for  two  months  preceeding  the 
issuing  of  the  writ  or  process. 

Florida.  Const.  1885,  art.  10.  Makes  general  pro- 
vision for  exemptions. 


18  EXEMPTION  OF  WAGES 

Rev.  St.  1891,  sec.  2008,  2009.  Earnings  for  per- 
sonal services  of  the  head  of  a  family  are  exempt. 
In  case  of  attachment  the  person  to  whom  money  is 
due  may  make  oath  that  money  attached  is  due  for 
personal  labor  and  service  and  that  he  or  she  is  the 
head  of  a  family  residing  in  the  state  and  if  such 
affidavits  are  not  denied  within  two  days  after  ser- 
vice of  notice  the  process  is  to  be  returned  and  all 
proceedings  under  the  same  are  to  cease.  If  facts 
are  denied  by  party  issuing  process  matter  is  to  be 
tried  by  court. 

Georgia.  Const.  1877,  as  amended  in  1887,  art.  9. 
General  provision  for  exemptions. 

Civ.  Code,  1895,  sec.  4732.  All  journeymen,  me- 
chanics, and  day  laborers  are  exempt  from  garnish- 
ment on  their  daily,  weekly  or  monthly  wages 
whether  in  the  hands  of  their  employers  or  others. 

A  general  waiver  of  the  benefits  of  a  laborer's  exemption 
in  a  note  is  void.     Green  v.  Watson,  1885.     75  Ga.  471. 

Wages  improperly  in  the  hands  of  a  magistrate  through 
garnishment  may  be  recovered  by  a  rule  against  him.  Cur- 
ran  V.  Fleming  et  al.  1885,  76  Ga.  98. 

A  locomotive  engir.eer's  monthly  wages  are  exempt. 
Sanner  v.  Shivers,  1886,  76  Ga.  335. 

And  the  monthly  wages  of  a  private  secretary.  Abrahams 
V.  Anderson  et  al.  1888,  80  Ga.  570. 

And  the  wages  of  a  conductor  on  a  street  railway.  Stu- 
art V.  Poole,  1901,  112  Ga.  818. 

Wages  of  a  superintendent  in  a  factory  are  not  exempt. 
Kyle  V.  Montgomery  et  al.  1884.  73  Ga.  337. 

Nor  of  a  railway  passenger  conductor.  Miller  &  Bussey 
V.  Dugas,  1886,  77  Ga.  386. 

Laws,  1898,  no.  19.  Sending  claims  for  debts  out 
of  state  with  intent  to  deprive  any  resident  of  his 
exemption  rights  made  a  misdemeanor  punishable 


EXEMPTION  OF  WAGES  19 

by  fine  ranging  from  $10  to  $50  for  each  claim  trans- 
ferred. 

Laws,  1902,  p.  60.  Wages  to  the  amount  of  $100 
of  deceased  employee  of  corporation  may  be  paid 
to  widow  or  guardian  of  minor  children  and  such 
sum  is  exempt  from  execution. 

Laws,  1904,  p.  79.  Contracts  made  for  assign- 
ment or  pledge  of  unearned  wages  or  salary  are 
void. 

Haumi.  Acts,  1901,  no.  9,  sees,  i,  8,  as  amended 
by  Acts,  1903,  no.  52.  One-half  the  wages  due 
every  laborer  or  person  working  for  wages  are 
exempt  from  attachment,  execution,  distress  and 
forced  sale  of  every  nature  and  description. 

Idal^.  Code  Civ.  Proc.  1901,  sec.  3542.  Thirty 
days'  earnings  for  personal  services  are  exempt 
when  necessary  for  the  use  of  debtor's  family  re- 
siding in  the  state. 

Illinms.  Const.  1870,  art.  4,  sec.  32.  "The  general 
assembly  shall  pass  liberal  .  .  .  exemption  laws." 

Rev.  St.  1903,  c.  62,  sec.  14.  Wages  to  the 
amount  of  $15  per  week  are  exempt  for  the  head  of 
a  family  residing  with  the  same.  Only  the  surplus 
above  such  exempt  wages  is  to  be  held  by  employer 
to  abide  the  event  of  the  garnishment  suit.  If  costs 
of  the  garnishment  exceed  surplus  so  held  the  re- 
mainder is  to  be  paid  by  plaintiff.  In  no  case  is  any 
employer  to  be  liable  to  answer  for  any  amount  not 
earned    at    the    time  of  service    of  writ.     At    least 


20  EXEMPTIOyi  OF  ^yAQES 

twenty-four  hours  before  bringing  suit  a  demand  in 
writing  is  to  be  made  upon  the  wage  earner  and  the 
employer  for  the  excess  above  the  amount  exempted. 
Receipt  of  such  demand  is  to  be  endorsed  thereon 
at  the  time  of  service  and  the  return  duly  sworn 
before  it  is  lawful  to  issue  a  summons  or  to  require 
an  employer  to  answer  in  any  garnishee  proceeding. 
Any  judgment  rendered  without  such  demand  duly 
proven  and  filed  is  void.  The  excess  of  wages  is  to 
be  held  by  employer  five  days  after  service  of  de- 
mand. 

sees.  32-34.  Sending  or  assigning  any  claim  for 
debt  outside  of  state  to  be  collected  by  proceedings 
in  attachment,  garnishment  or  other  mesne  process 
with  intent  to  deprive  a  resident  of  Illinois  of 
exemption  rights  is  punishable  by  a  fine  of  not  less 
than  $10  nor  more  than  $50.  In  case  of  garnish- 
ment proceedings  against  non-residents  the  law  of 
the  state  of  residence  controls. 

Sending  claim  out  of  state  to  be  collected  when  garnishee 
is  within  reach  of  our  courts  is  a  misdemeanor.  Wabash 
R.  Co.  V.  Dungan,  1892,  142  III.  248. 

sec.  34a.  Wages  earned  outside  the  state  and 
payable  out  of  the  state  are  exempt  from  attach- 
ment or  garnishment  in  all  cases  where  the  cause 
of  action  arose  outside  of  the  state,  unless  the  de- 
fendant is  personally  served  with  process.  In  case 
there  is  no  personal  process  the  suit  is  to  be  dis- 
missed at  the  cost  of  plaintiff. 

If  the  creditor,  debtor,  and  garnishee  at  the  time  of  the 
creating  of  both  debts  are  all  residents  and  doing  business 
in  the  same  state,  the  exemption  of  wages  is  such  an  inci- 
dent and  condition  of  the  debt  from  the  employer  that  it 
will  follow  the  debt,  if  the  debt  follows  the  person  of  the 


EXEMPTION  OF  WAGES  21 

garnishee  into  another  state,  and  attach  itself  to  every 
process  of  collection  in  any  state,  unless  jurisdiction  is 
obtained  over  the  person  of  the  principal  debtor.  B.  & 
O.  S.  W.  R.  Co.  V.  McDonald,  1904,  112  111.  App.  391.i 

Indiana.  Const.  1851,  art.  i,  sec.  22.  "The  privi- 
lege of  the  debtor  to  enjoy  the  necessary  comforts 
of  Hfe  shall  be  recognized  by  wholesome  laws 
exempting  a  reasonable  amount  of  property  from 
seizure  or  sale  for  the  payment  of  any  debt  or  lia- 
bility hereafter  contracted".  .  . 

Anno.  St.  1901,  sec.  715.  Entitles  householders 
to  an  exemption  of  $600. 

sec.  970.  Wages  due  to  non-residents  from  any 
person  or  corporation  doing  business  in  the  state 
are  not  subject  to  any  attachment,  garnishment,  or 
supplementary  proceeding  in  the  courts  of  the  state. 

sees.  971-72.  Wages  of  householders  are  exempt 
from  execution  to  an  amount  not  exceeding  $25 
at  any  one  time.  Garnishee  may  pay  exempted 
wages  to  employee  and  such  payment  discharges 
garnishee  from  liability  for  the  amount  so  paid  as 
effectually  as  if  paid  before  the  summons. 

sec.  2283.  Sending  claim  out  of  state  for  collec- 
tion is  punishable  by  fine  ranging  from  $20  to  $50, 

Personally  taking  claim  out  of  the  state  is  sending  it 
within  the  meaning  of  this  section.  Wilson  v.  Joseph, 
1886,  107  Ind.  490. 

The  collection  of  a  claim  in  contravention  of  this  sec- 
tion renders  the  creditor  liable  to  the  debtor.  Main  v. 
Field,  1895,  13  Ind.  App.  401. 


'  Compare  the  recent  decldon  of  the  TJ.  S.  supreme  court  In 
Louisfville  &  N.  R.  Co.  v.  Deer,  1906,  26  Sup.  Ct.  Rep.  207,  as  to 
jurisdiction  in  garnishment  when  the  garnishee  Is  a  foreign  cor- 
poration. 


22  EXEMPTION  OF  WAGES 

In  construing  sees.  971-72,  that  the  wages  of  house- 
holders not  exceeding  $25  shall  be  exempt  from  garnish- 
mient,  with  the  general  exemption  in  sec.  715  allowing  to 
resident  householders  an  exemption  Oi  $600.  the  latter  ap- 
plies to  resident  householders  and  the  former  to  house- 
holders not  resident  in  the  state.  Pomeroy  v.  Beach,  1897, 
149  Ind.  511. 

loztn.  Code,  1897,  sec.  4011.  Personal  earnings 
within  ninety  days  preceding  the  l^vy  are  exempt 
for  a  debtor  who  is  the  head  of  a  family  and  a  resi- 
dent of  the  state. 

The  object  of  the  statue  being  to  protect  the  earnings 
of  the  debtor  from  subjection  to  his  debts,  it  is  no:  to  be 
limited  in  its  application  to  cases  of  attachment  or  execu- 
tion, but  is  to  be  extended  so  as  to  affora  protection  against 
any  method  of  subjecting  such  earnings  to  the  claims  of 
creditors.     Millington  v.  Laurer,  1893,  89  la.  322. 

sec.  4017.  Failure  to  claim  exemption  does  not 
waive  right  unless  such  claim  is  required  in  writing 
by  an  officer  about  to  make  levy. 

sec.  4018.  Sending  claims  out  of  state  to  defeat 
exemption  is  a  misdemeanor,  punishable  by  a  fine 
ranging  from  $10  to  $50. 

sec.  3948.  as  amended  by  Acts,  1898,  c.  103.  De- 
fendant in  garnishment  action  may  plead  exemption 
and  if  such  exemption  is  shown  in  trial  of  issue  the 
garnishee  is  to  be  discharged  as  to  that  part  which 
is  not  liable. 

Laws,  1904,  c.  124.  Wages  of  non-resident  earned 
outside  of  state  and  payable  outside  of  state  are 
exempt  from  attachment  or  garnishment  by  non- 
resident creditor  on  cause  of  action  arising  without 
state.  Duty  of  garnishee  to  plead  exemption  unless 
defendant  is  personally  served  with  original  notice 
in  the  state. 


EXEMPTION  OF  WAGES  23 

Kansas.  Const.  1861,  art.  15,  sec.  9.  General  pro- 
vision for  exemptions. 

Gen.  St.  1901,  sees.  4966,  4967.  Earnings  for  per- 
sonal service  for  three  months'  time  are  exempt 
when  shown  by  debtor's  affidavit  or  otherwise  that 
such  earnings  are  necessary  for  family  support. 
Debtor  must  notify  plaintiff  on  filing  affidavit  and 
matter  sought  to  be  proven  may  be  controverted. 

This  exemption  being  created  for  the  benefit  of  the 
debtor's  family  cannot  be  waived.  Burke  v.  Finley,  1893, 
50  Kan.  424. 

Laws,  1905,  c.  337.  Judgment  for  defendant  does 
not  discharge  attachment  or  garnishment  if  plaint- 
iff appeals  in  time  and  in  manner  prescribed  by  law. 

Laws,  1905.  c.  523.  Wages  earned  without  state 
and  payable  outside  of  state  are  exempt  from  attach- 
ment or  garnishment  in  all  cases  where  the  cause  of 
action  arose  out  of  the  state  unless  defendant  is 
personally  served  with  process. 

Kentucky.  St.  1899,  sec.  1697.  For  persons  with 
a  family  resident  in  the  state,  wages  amounting  to 
$40  for  each  member  of  the  family  are  exempt  in 
case  other  personal  property  which  is  exempt  from 
execution  attachment  or  distress  is  not  on  hand. 

Laws,  1902,  c.  23.  Wages  earned  outside  of  state 
are  exempt  in  all  cases  where  the  cause  of  action 
arose  out  of  the  state.  Duty  of  garnishee  to  plead 
such  exemption  unless  the  defendant  is  actually 
served  with  process. 

Doiiisiana.  Const.  1898,  art.  244-47.  flakes  pro- 
vision for  exemptions. 


24  EXEMPTION  OF  WAGES 

Rev.  Laws,  1904,  sec.  1696.     Wages  for  personal 

services  are  exempt. 

Wages  of  skilled    laborers    in    trades    are    not    exempt. 
State  ex  rel.  I.  X.  L.  G.  Co.  v.  Land,  1902,  108  La.  512. 

Laws,  1904,  c.  165.  Wages  earned  out  of  state 
are  exempt  from  attachment  if  cause  of  action  arose 
out  of  state.  Duty  of  garnishee  to  plead  exemp- 
tion unless  defendant  is  actually  served  with  process. 

Maine.  Rev.  St.  1903,  c.  72,  sec.  68  and  c.  88, 
sec.  55.  Wages  for  personal  labor  to  the  amount  of 
$20  for  one  month  are  exempt,  except  for  neces- 
saries furnished  to  debtor  or  his  family.  Wages  of 
minor  children  and  of  women  are  not  subject  to 
trustee  process  on  account  of  any  debt  of  parent  or 
of  husband. 

Maryland.  Const.  1867,  art.  3,  sec.  44.  "Laws 
shall  be  passed  by  the  general  assembly  to  protect 
from  execution  a  reasonable  amount  of  the  property 
of  the  debtor".  .  . 

Pub.  Gen.  Laws,  1903,  art.  9,  sees.  33,  34.  Wages 
amounting  to  $100  are  exempt  from  attachment  by 
any  process  whatever.  Attachment  on  future  earn- 
ings forbidden.     Provisions  apply  to  non-residents. 

Massachusetts.  Rev.  Laws,  1902,  c.  189,  sees.  27, 
29,  31.  Wages  for  personal  service  are  exempt  to  the 
amount  of  $20  unless  attached  for  necessaries  for 
family  in  which  case  an  amount  not  exceeding  $10^ 
is  exempt.  Unlawful  attachment  punishable  by 
fine  not  exceeding  $50  for  the  use  of  the  person  in- 


EXEMPTION  OF  WAGES  25 

jured.     Wages  of  wife  or  children  are  exempt;  also 
seamen's  wages. 

An  employer's  debt  to  his  employee  is  not  discharged  by 
satisfying  a  judgment  against  himself  as  trustee  when  the 
sum  involved  is  exempted  under  this  section.  Burns  v. 
Marland  mfg.  co.  1860,  80  Mass.  487. 

Wages  collected  and  in  the  hands  of  an  attorney  at  law 
are  no  longer  under  the  protection  of  this  statute  tllough 
less  than  $20  in  amount.  Cook  v.  Holbrook  1863,  88  Mass. 
572. 

Where  wages  are  attached  by  trustee  process  the  sum  of 
$10  reserved  under  the  abovs  section,  is  payable  to  the 
employes  rotwithstanding  the  pendency  of  the  suit.  Sul- 
livan V.  Hadley  co.  1893,  160  Mass.  32. 

Michigan.  Const.  1850,  art.  16.  General  provision 
for  exemptions. 

Comp.  Laws,  .1897,  sec.  991,  as  amended  by  Acts, 
1901,  no.  172.  Wages  of  householders  to  the 
amount  of  eighty  per  cent  but  in  no  case  for  more 
than  $30  nor  less  than  $8  are  exempt  from  execution. 
Other  employees  are  permitted  exemptions  equal  ro 
forty  per  cent  of  wages  and  for  an  amount  not  ex- 
ceeding $15  nor  less  than  $4. 

A  householder's  family  need  not  reside  within  the  state 
to  bring  his  wages  within  this  statute.  Pettit  v.  Booming 
CO.  1889,  74  Mich.  214. 

A  garnishee  pays  over  exempted  wages  at  his  peril. 
<:risp  V.  Ft.  W.  &  E.  R.  co.  1894,  98  Mich.  648. 

Minnesota.  Const.  1857,  art.  i,  sec.  12.  "A  rea- 
sonable amount  of  property  shall  be  exempt  from 
seizure  or  sale  for  the  payment  of  any  debt  or  lia- 
bility. The  amount  of  such  exemption  shall  be 
determined  by  law." 

Rev.  Laws,  1905,  sec.  4317.  Wages  of  any  per- 
son not  exceeding  $25  due  for  services  thirty  days 


26  EXEMPTION  OF  WAGES 

preceding  the  levy  are  exempt.     Earnings  of  minor 

children  exempt  unless  used  for  their  special  benefit. 

A  creditor  will  not  be  permitted  to  initiate  a  series  of 
garnishments  and  thus  tie  up  in  hands  of  an  employer 
separate  amounts  of  money  and  then  by  another  proceed- 
ing in  garnishment  appropriate  these  amounts  to  the  pay- 
ment of  his  debt.  Such  proceedings  are  a  perversion  of 
civil  process  and  cannot  be  sanctioned.  Rustad  v.  Bishop, 
1900/80  Minn.  497. 

Mississippi.  Rev.  Code,  1892,  sec.  1963.  Wages 
of  head  of  family  are  exempt  to  the  amount  of  $100, 
of  every  other  person  to  the  amount  of  $20. 

A  laborer  cc.nnot  be  made  to  lose  the  right  given  by  this 
section  by  lailure  of  garnishee  debtor  to  plead  exemption. 
Laurel  v.  Turner,  1902,  80  Miss.  530. 

This  law  cannot  be  evaded,'  by  holding  monthly  balances 
until  an  aggregate  exceeding  $100  is  reached.  The  laborer 
has  a  right  to  his  exemption  at  the  end  of  each  month 
unless  his  earnings  exceed  $100.  Chapman  et  al.  v.  Berry, 
1895,  73  Miss.  437. 

Missouri.  Rev.  St.  1899,  sec.  384.  Provisions  for 
exemption  of  wages  do  not  apply  to  non-resident 
defendant  or  one  about  to  leave  state  with  intent  to 
change  his  domicile. 

sec.  3162  as  amended  by  Laws,  1903,  p.  105.  Each 
head  of  a  family  in  lieu  of  other  property  exempt', 
may  select  and  hold  exempt  wages  not  exceeding 
$300  with  the  exception  of  ten  per  cent  of  the 
amount. 

sec.    3435,    as    amended   by   Acts,    1903,    p.    199. 

Ninety  per  cent  of  earnings  for  thirty  days'  service 

are  exempt  if  employee  is  head  of  a  family  and  a 

resident  of  state. 

The  continued  payment  by  a  garnishee  of  wages  earned 
by  his  employee  do  not  subject  such  garnishee  to  liability 


EXEMPTION  OF  WAGES  27 

when  wages  are  for  services  rendered  within  thirty  days 
prior  to  payments  made.  Davis  et  al.  v.  Meredith  et  al. 
1871,  48  1.10.  263. 

Payment  by  a  garnishee  of  wages  properly  exempt  does 
not  relieve  him  of  his  debt  to  his  employee  for  such  wages. 
Dunn  v.  M.  P.  R.  co.  1891.     45  Mo.  App.  29. 

sees.  3447,  3448.  Adhere  sum  demanded  is  $200 
or  less  and  where  property  sought  to  be  reached  is 
wages  due  defendant  from  a  railway  corporation 
judgment  is  to  proceed  issue  of  writ  of  garnishment. 
A  railroad  company  need  not  answer  in  any  action 
against  any  person  to  whom  it  may  be  indebted  on 
account  of  wages  for  personal  services  where  a 
writ  of  garnishment  was  served  in  advance  of  re- 
covery by  plaintiff  against  defendant  in  any  action 
for  $200  or  less,  and  any  officer  entering  such  judg- 
ment shall  be  considered  a  trespasser  and  may  be 
enjoined  by  any  court  having  jurisdiction. 

Mcyiitmia.  Const.  1889,  art.  19,  sec.  4.  "The  legis- 
lative assembly  shall  enact  liberal  .  .  .  exemption 
laws." 

Code  Civ.  Proc.  1895,  sec.  1222,  as  amended  by 
Laws,  1905,  c.  8.  Earnings  for  thirty  days  are  ex- 
empt when  shown  by  debtor's  affidavit  or  otherwise 
that  they  are  necessary  for  support  of  family  resid- 
ing.within  state  but  one-half  such  earnings  are  sub- 
ject to  execution,  garnishment,  or  attachment  to 
satisfy  debts  for  common  necessaries  of  life. 

Nebraska.  Comp.  St.  1903,  sec.  7099.  Sixty  days' 
wages  of  laborers,  mechanics,  and  clerks  who  are 
heads  of  families  are  exempt.     Provisions   do  not 


28  EXEMPTION  OF  WAGES 

apply  to  persons  about  to  abscond  or  leave  the  state. 
Exemption  applies  whether  wages  are  in  hands  of 
employer  or  of  employee. 

Exemption  extends  to  non-rssidents.  Wright  v.  C.  B.  & 
Q.  K.  CO.  1886.  19  Neb.  175. 

A  laborer  may  maintain  an  action  against  a  creditor  to 
recover  wages  wrongfully  garnished.  Albrecht  v.  Treit- 
schke.  1885.  17  Neb.  205. 

sec.    7101.     The   assignment  of  claims  to  evade 

exemption  of  wages  is  unlawful. 

One  who  assigns  a  claim  contrary  to  the  provisions  of 
this  statute  is  liable  to  the  debtor  for  the  amount  so  ap- 
propriated without  his  consent.  O'Connor  v.  Walter,  1893, 
37  Neb.  267. 

Nevada.  Const.  1864,  art.  4,  sec.  30.  General  pro- 
vision for  exemption  laws. 

Comp.  Laws,  1899,  sec.  3340.  Earnings  for  per- 
sonal services  not  exceeding  $50  for  calendar  month 
are  exempt  when  shown  by  debtor's  affidavit  or 
otherwise  to  be  necessary  for  family  support. 

Neitf  Hampshire.  Pub.  St.  1901,  c.  245,  sec.  20. 
Wages  amounting  to  $20  are  exempt  from  trustee 
process  if  earned  before  service  of  writ  except  in 
action  to  recover  for  necessaries  furnished  to  debt- 
or's family.  Wages  earned  subsequent  to  writ  are 
exempt  from  process.  Earnings  of  debtor's  wife 
and  minor  children  are  also  exempt. 

New   Jersey.     Gen.    St.    1895,    p.    116,    sec.    103. 

Wages  of  non-  resident  employees  are  not  liable  to 

attachment  by  a  non-resident  creditor. 

An  attachment  in  New  Jersey  for  wages  can  only  issue 
against  an  absconding  debtor,  and  wages  cannot  be  reached 
under  Acts,  1901,  c.  177  upon  an  execution,  except  upon  an 


EXEMPTION  OF  WAGES  29 

order  that  such  installment  of  said  v/ages  as  a  judicial 
officer  shall  determine  shall  be  paid  from  time  to  time. 
Margarum  v.  Moon,  1902,  63  N.  J.  Eq.  586. 

Nezif  Mexico.  Comp.  Laws,  1897,  sec.  1737,  as 
amended  by  Laws,  1905,  c.  82.  Sixty  days'  earn- 
ings of  head  of  a  family  or  of  a  widow  are  exempt 
when  shown  by  debtor's  affidavit  or  otherwise  that 
such  earnings  are  necessary  for  support.  Does  not 
apply  to  debts  incurred  for  manual  labor  or  for 
necessaries  of  life. 

Neiv  York.  Gilbert,  Code  Civ.  Proc.  1905,  sees. 
1391,  1392,  2463,  3028.  Sixty  days'  earnings  for 
personal  services  are  exempt  when  shown  by  debt- 
or's oath  or  otherwise  that  such  earnings  are  neces- 
sary for  family  support.  Execution  against  ten  per 
cent  of  wages  where  they  exceed  $12  a  week  is 
authorized  for  recovery  for  necessaries  furnished  or 
for  personal  services  rendered  to  debtor. 

To  secure  an  execution  against  wages  it  must  appear 
that  the  judgment  was  recovered  wholly  for  necessaries 
sold  and  that  no  similar  execution  is  outstanding.  Neu- 
man  v.  Mortimer,  1904,  98  N.  Y.  App.  Div.  64. 

North  Carolina.  Const.  1868,  art.  10.  General-Pro- 
vision for  exemptions. 

Code  Civ.  Proc.  sec.  493.  Earnings  for  personal 
services  within  sixty  days  preceding  order  are 
exempt  when  shown  by  debtor's  affidavit  or  other- 
wise to  be  necessary  for  family  support. 

North  Dakota.  Const.  1889,  art.  17,  sec.  208. 
"The  right  of  the  debtor  to  enjoy  the  comforts  and 


30  EXEMPTION  OF  WAGES 

necessaries  of  life  shall  be  recognized  by  whole- 
some laws  exempting  to  all  heads  of  families  .  .  . 
a  reasonable  amount  of  personal  property,  the  kind 
and  value  to  be  fixed  by  law." 

Code  Civ.  Proc.  1899,  sec.  5567.  Sixty  days' 
wages  are  exempt  when  shown  by  debtor's  affidavit 
or  otherwise  to  be  necessary  for  family  support. 

Ohio.  Anno.  St.  (3rd  ed.)  sees.  5430,  5441,  5483, 
€489.  Every  person  having  a  family  and  every 
widow  may  hold  three  months'  earnings,  but  not 
more  than  $150,  exempt  when  such  earnings  are 
shown  to  be  necessary  for  support.  In  case  the 
claim  is  one  for  necessaries  then  only  ninety  per 
cent  is  exempt. 

sec.  7014.     Sending  claim  out  of  state  to  evade 

exemption  laws  is  punishable  by  fine  ranging  from 

$20  to  $50.     The  person  whose  personal  earnings 

are  so  attached  has  right  of  action  to  recover  the 

amount  and  costs  either  from  the  person  transfer- 

ing  the  claim  or  from  the  one  to  whom  the  claim 

is  transferred  or  both  at  the  option  of  tbe  person 

bringing  suit. 

The  sale  of  a  claim  to  a  non-resi.*ent  is  not  forbidden. 
Goldsborough  v.  Bolenbaugh,  1889,  3  Ohio  C.  C.  583. 

Oklahoma.  St.  1903,  sees.  2985-87,  5084.  Ninety 
days'  earnings  for  personal  or  professional  services 
on  part  of  the  head  of  a  family  residing  in  territory 
are  exempt  when  shown  by  debtor's  affidavit  or 
otherwise    that   such   earnings   are   necessary    for 


EXEMPTION  OF  WAGES  31 

family  support.     Current  wages  are  exempt  for  per- 
sons not  heads  of  families. 

To  constitute  a  head  of  a  family  requires  a  condition  of 
dependence  on  part  of  others  whom  one  is  under  legal  or 
moral  obligations  to  support.  An  unmarried  man  support- 
ing a  dependent  mother  and  sister  is  the  head  of  a  family 
within  this  section.     Rolater  v.  King,  1903,  13  Okla.  37. 

Oregon.  Anno  Codes  and  St.  1902,  c.  2,  t.  3,  sec. 
228,  as  amended  by  Laws,  1903,  p.  26,  and  by  Laws, 
1905,  c.  220.  Thirty  days'  earnings  not  exceeding 
$75  are  exempt  when  shown  by  debtor's  affidavit  or 
otherwise  that  such  earnings  are  necessary  for 
family  support ;  except  that  fifty  per  cent  of  such 
earnings  are  subject  to  attachment,  execution,  or 
garnishment,  if  debt  was  incurred  for  family  ex- 
penses furnished  within  six  months  of  service  of 
process. 

Pennsylvania.  Dig.  1894,  p.  834,  sec.  40.  Unlaw- 
ful to  send  claims  for  debts  outside  of  state  with 
purpose  of  evading  exemption  laws.  The  assignor 
is  made  liable  to  the  person  or  persons  from  whom 
any  such  claim  has  been  collected  by  attachment  or 
otherwise. 

p.  836,  sec.  49  and  p.  2077,  sec.  25,  26,  as  amended 
by  Laws,  1905,  no.  99.  Wages  of  laborers  or  sal- 
aries of  persons  in  public  or  private  employment  are 
not  liable  to  attachment  in  hands  of  employer,  ex- 
cept that  wages  due  or  owing  may  be  attached  for 
debts  for  board  for  a  period  not  exceeding  four 
weeks. 

Includes  non-resident  laborers.  Billin  v.  Froment,  1887, 
3  Pa.  Co.  C.  450. 


32  EXEMPTION  OF   v^^AGES 

Rivode  Island.  Gen.  Laws,  1896,  c.  255,  sec.  5,  as 
amended  by  Pub.  Laws,  1900-01,  c.  751  and  841. 
Exemptions  include :  wages  due  or  accruing  to  sea- 
men ;  salary  or  wages  due  or  payable  to  any  debtor 
not  exceeding  the  sum  of  $10,  except  for  necessaries 
furnished  defendant  in  which  case  adjustment  is 
left  to  the  discretion  of  the  court;  also  the  salary 
and  wages  of  wife  and  of  minor  children. 

South  Carolina.  Const.  1895,  art,  3,  sec.  28.  Gen- 
eral provision  for  exemptions. 

Code  Civ.  Proc.  1902,  sec.  317.  Sixty  days'  earn- 
ings for  personal  services  are  exempt  when  shown 
by  debtor's  affidavit  or  otherwise  to  be  necesary  for 
family  support. 

South  Dakota.  Const.  1889,  art.  21,  sec.  4.  "The 
right  of  the  debtor  to  enjoy  the  comforts  and  neces- 
saries of  life  shall  be  recognized  by  wholesome  laws, 
exempting  a  reasonable  amount  of  personal  prop- 
erty the  kind  and  value  of  which  is  to  be  fixed  by 
general  law." 

sec.  5.  Earnings  of  a  married  woman  are  not 
liable  for  debts  of  husband. 

Code.  Civ.  Proc.  1903,  sec.  403.  Sixty  days' 
wages  for  personal  services  are  exempt  when  shown 
by  debtor's  affidavit  or  otherwise  to  be  necessary 
for  family  support. 

Justices  Code,  1903,  sec.  41.  In  attachment  suits 
brought  against  non-residents  for  wages  earned  and 
payable  outside  the  state  the  exemption  law  of 
state  of  residence  controls. 


EXEMPTION  OF  WAGES  33 

Tennessee.  Const.  1870,  art.  11,  sec.  11.  General 
provision  for  exemptions. 

Laws,  1871,  c.  71  as  amended  by  Laws,  1905,  c. 

376.     Exempts  ninety  per  cent  of  wages  or  salary 

amounting  to  $40  or  less  per  month,   and  $36  for 

persons  earning  in  excess  of  $40.     Applies  to  the 

income  of  every  resident  of  the  state  who  is  eighteen 

years  of  age  or  upward,  or  who  is  the  head  of  a 

family.       No  attachment  or  garnishment  is  to  be 

issued  for  future  wages  or  salary. 

Applies  only  to  wages  actually  due  and  not  to  all  wages 
earned.  Pay  day  cannot  be  anticipated  by  a  writ  of  gar- 
nishment.    Weaver  v.  Hill,  1896,  97  Tenn.  402. 

Laws,  1903,  c.  21  and  453.  Unless  written  assent 
of  employer  was  given  to  assignment,  he  is  not  to 
be  charged  for  any  assignment  of  unearned  wages 
or  salary  made  by  any  employe. 

Laws,  1903,  c.  590.  Wages  earned  and  payable 
without  the  state  are  exempt  where  cause  of  action 
arose  without  the  state.  Duty  of  garnishee  to  plead 
exemption  unless  defendant  is  actually  served  with 
process. 

Texas.     Const.   1876,  art.  16.  sec.  28.     No  current 

wages  for  personal  services  shall  ever  be  subject  to 

garnishment. 

Wages  past  due.  left  with  employer,  because  employee 
can  not  collect  from  him,  continue  to  be  current  wages. 
Davidson  v.  Chair  co.  1897,  41  S.  W.   (Tex.  Civ.  App.)   824. 

Utah.  Rev.  St.  1898,  sees.  3243,  3245.  as  amended 
by  Laws,  1901,  c.  31,  and  Laws,  1905,  c.  37.  Minor's 
earnings  are  exempt  for  debts  not  contracted  for  his 


34  EXEMPTION  OF  WAGES 

Special  benefit.  One-half  the  earnings  of  the  head 
of  a  family  for  personal  services  rendered  within 
thirty  days  preceding  the  levy  are  exempt  from  ex- 
ecution when  shown  by  the  debtor's  affidavit  that 
such  earnings  are  necessary  for  support  of  his  fartiily 
residing  in  the  state.  When  the  earnings  are  $3  a 
day  or  less  the  exemption  is  $30  per  month  and  in 
no  case  is  the  debtor  to  be  taxed  with  the  costs  of 
proceeding.  Requires  the  payment  of  a  $2  fee  by 
the  plaintiff  to  the  garnishee  before  answer  can  be 
required  in  garnishment  proceedings. 

Vermont.  St.  1894,  c.  69,  sec.  13 12,  as  amended 
by  Laws,  1896,  no.  31,  and  Laws,  1905,  no.  62. 
^  Wages  for  labor  performed  after  the  service  of  trus- 
tee process  are  exempt.  Wages  of  a  minor  are  not 
liable  for  debts  of  parent  nor  of  a  married  woman 
for  debts  of  husband.  For  non-residents  exemp- 
tion law  of  state  of  residence  controls. 

Virginia.  Const.  1902,  art,  14,  sees.  190-94.  Gen- 
eral provision  for  exemptions. 

Code,  1904,  sec.  3652.  Wages  not  exceeding  $50 
per  month  owing  to  a  laboring  man  being  a  house- 
holder are  exempt  from  distress,  levy,  or  garnish- 
ment. 

This  exemption  cannot  be  waived.  Crump  v.  Com.  1882. 
75  Va.  922. 

The  term  "laboring  man"  includes  all  householders  who 
receive  wages  for  their  services.  Mahoney  v.  James,  1897, 
94  Va.  178. 

sec.  3652a.     Sending  claim  for  debt  out  of  state 

in  order  to  evade  exemption  laws  is  unlawful. 


EXEMPTION  OF  WAGES  35 

sec.  3652c.  Wages  of  minors  are  not  liable  for 
debts  of  parents. 

sec.  3656.  An  injunction  may  be  awarded  to  pre- 
vent garnishment  of  exempt  wages. 

Washington.  Const.  1889,  art.  19.  Provides  that 
the  legislature  shall  enact  exemption  laws  in  favor 
of  all  heads  of,  families. 

Code,  1901,  sec.  565.  Current  wages  for  personal 
services  amounting  to  $100  are  exempt  for  any  per- 
son having  a  family  to  support,  if  garnishment  is  for 
debt  for  actual  necessaries  no  exemption  in  excess 
of  $10  per  week  for  four  consecutive  weeks  is  al- 
lowed. 

West  Virginia.  Const.  1872,  art.  6,  sec.  48.  Gen- 
eral provision  for  exemptions. 

Code,  1899,  c.  41,  sec.  29a.  Assigning  claims  for 
collection  outside  of  state  in  order  to  evade  exemp- 
tion laws  is  unlawful. 

c.  66,  sec.  12.  Earnings  of  a  married  woman  are 
not  subject  to  garnishment  for  husband's  debt  but 
are  liable  for  her  own  debts. 

Wisconsin.  Const,  art.  1,  sec.  17.  The  privilege 
of  the  debtor  to  enjoy  the  necessary  comforts  of 
life  shall  be  recognized  by  wholesome  laws,  ex- 
empting a  reasonable  amount  of  property  from 
seizure  or  sale  for  the  payment  of  any  debt  or 
liability  hereafter  contracted. 

Rev.  St.  1898,  sec.  2982.  Three  months'  earnings 
not  to  exceed  the  amount  of  $60  for  each  month  or 


36  EXEMPTION  OF  WAGES 

$180  in  all,  are  exempt  for  any  person  having  a 
family  dependent  for  support.  Earnings  of  minor 
children  are  included.  The  garnishee  shall  recover 
costs  when  the  debt  or  property  sought  to  be 
reached  is  exempt  from  execution  against  the  prin- 
cipal debtor  at  the  time  of  serving  the  process  on 
the  garnishee. 

In  garnishment  proceedings  the  burden  is  on  plaintiff 
to  prove  the  allegation  of  the  garnishment  affidavit  that 
the  indebtedness  is  not  exempt.  Eastland  v.  Armstrong, 
19a3,  117  Wis.  394. 

sec.  3723-3723b  as  amended  by  Laws,  1901,  c. 
280.  Garnishee  may  plead  exemption  but  is  in  no 
manner  to  be  held  liable  to  defendant  or  to  any 
other  person  for  failure  to  set  up  such  exemption. 

sec.  4438f.  Any  person,  with  the  intent  of  de- 
priving any  bona  fide  resident  of  the  state  of  ex- 
emption rights,  assigning  any  claim  for  the  purpose 
of  having  the  same  collected  out  of  the  earnings  of 
a  debtor  or  of  his  minor  children  in  the  courts  of 
another  state  when  the  parties  are  all  within  the 
jurisdiction  of  the  courts  of  the  state  is  punishable 
by  fine  of  not  less  than  $10  nor  more  than  $50  for 
each  offense. 

Laws,  1905,  c.  148.  Assignment  of  wages  exempt 
from  garnishment  by  married  man  is  invalid  unless 
signed  by  wife.  Such  assignment  not  valid  for  more 
than  two  months. 

c.  226.  The  earnings  of  a  minor  are  not  liable  for 
the  debts  of  a  parent  who  by  reason  of  abandon- 
ment, drunkenness,  or  profligacy  neglects  to  provide 
for  the  support  or  education  of  such  minor. 


EXEMPTION  OF  WAGES  37 

Wyoming.  Rev.  St.  1899,  sees.  2516-19.  Any 
person  making  an  assignment  of  debts  in  order  to 
evade  exemption  laws  is  liable  to  the  party  injured 
for  the  amount  so  transferred,  with  all  costs  and 
expenses  and  a  reasonable  attorney's  fee  and  is 
further  liable  by  prosecution  for  a  fine  not  exceed- 
ing $100  and  costs. 

sec.  3951,  as  amendeH  by  Acts,  1903,  c.  31.  One- 
half  the  earnings  for  personal  services  rendered 
within  sixty  days  preceding  the  levy  are  exempt 
when  shown  by  debtor's  affidavit  or  otherwise  that 
such  earnings  are  necessary  for  support  of  his  family 
residing  within  the  state. 


38  EXEMPTION  OF  WAGES 


CONSTRUCTION 


Exemption  statutes  by  an  almost  universal  rule 
have  been  liberally  construed.  However,  exceptions 
to  the  general  rule  of  interpretation  are  found  es- 
pecially in  the  earlier  decisions.^ 

The  general  attitude  of  the  courts  is  shown  in 
the  following  decisions:^ 

Massachusetts.  "The  [exemption]  statute  is  hu- 
mane and  beneficial  in  its  purpose  and  operation  and 
fairly  entitled  to  as  liberal  a  construction  as  can  be 
given  it  consistently  with  its  true  and  just  interpre- 
tation."    Pond  V.  Kimball,  1869,  101  Mass..  105. 

IVisconsin.  "This  court  has  uniformly  held  that  the 
exemption  laws  must  have  a  liberal  construction  so 
as  to  secure  their  full  benefit  to  the  debtor."  Be- 
low V.  Robbins,  1890,  76  Wis.  600. 


'  For  an  example  of  strict  construction  see  Rue  v.  Alter,  1847, 
5  Den.   (N.  Y.)    119. 

=  For  further  illustrations  of  liberal  construction,  see  Good  v. 
Fogg,  1871,  61  111.  449;  Hutchinson  v.  Whitmore,  1892,  90  Mich. 
255  ;  Rustad  v.  Bishop,  1900,  80  Minn.  497. 


EXEMPTION  OF  WAGES  39 

Iowa.  "Exemption  statutes  are  the  product  of  an 
enlightened  public  policy  which  seeks  to  afford  some 
measure  of  protection  to  the  family  of  an  unfortu- 
nate debtor  as  well  as  to  the  debtor  himself  and  in- 
cidentally to  the  public  and  are  always  to  be  liber- 
ally construed  to  effect  their  intent  and  purpose." 
Cook  V.  Allee,  1903,  119  la.  236. 


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